Introduction

Thank you for visiting the Department of State’s (DOS) website. This privacy policy governs the Department of State and the following committees and commissions: Committee on Open Government, New York State Athletic Commission, Watershed Protection and Partnership Council, and. The DOS recognizes that it is critical for individuals and businesses to be confident that their privacy is protected when they visit the DOS’s website.

Consistent with the provisions of the Internet Security and Privacy Act, the Freedom of Information Law, and the Personal Privacy Protection Law, this policy describes the DOS's privacy practices regarding information collected from users of this website. This policy describes what information is collected and how that information is used. Because this privacy policy only applies to this website, you should examine the privacy policy of any website, including other state agency websites, that you access via links from this website.

For purposes of this policy, "personal information" means any information concerning a natural person which, because of name, number, symbol, mark, or other identifier, can be used to identify that natural person. The DOS does not collect any personal information about you unless you provide that information voluntarily by sending an e-mail or by initiating an online transaction, including, but not limited to, licensing applications and renewals, the filing of Uniform Commercial Code documents, survey, registration or order forms.

Information Collected Automatically When You Visit this Website

When visiting this website, the DOS automatically collects and stores the following information about your visit:

I. The Internet Protocol Address and domain name used, but not the e-mail address. The Internet Protocol Address is a numerical identifier assigned either to your Internet service provider or directly to your computer;

II. The type of browser and operating system you used;

III. The date and time you visited this site;

IV. The web pages or services you accessed at this site;

V. The web site you visited prior to coming to this web site;

VI. The web site you visit as you leave this web site; and

VII. If you downloaded a form, the form that was downloaded.

None of the foregoing information is deemed to constitute personal information. The information that is collected automatically is used to improve this website's content and to help the DOS understand how users are interacting with the website. This information is collected for statistical analysis, to determine what information is of most and least interest to our users, and to improve the utility of the material available on the website. The information is not collected for commercial marketing purposes and the DOS is not authorized to sell or otherwise disclose the information collected from the website for commercial marketing purposes.

Cookies

Cookies are simple text files stored on your web browser to provide a means of distinguishing among users of this website. The use of cookies is a standard practice among Internet websites. To better serve you, we use "session cookies" to enhance or customize your visit to this website. Session cookies can be created automatically on the device you use to access this state agency website. These session cookies do not contain personal information and do not compromise your privacy or security. We may use the cookie feature to store a randomly generated identifying tag on the device you use to access this website. A session cookie is erased during operation of your browser or when your browser is closed.

The software and hardware you use to access the website allows you to refuse new cookies or delete existing cookies. Refusing or deleting these cookies may limit your ability to take advantage of some features

Information Collected When You E-mail this Website or Initiate an Online Transaction

During your visit to this website you may send an e-mail to the DOS. Your e-mail address and the contents of your message will be collected. The information collected is not limited to text characters and may include audio, video, and graphic information formats included in the message. Your e-mail address and the information included in your message will be used to respond to you, to address issues you identify, to improve this website, or to forward your message to another State agency for appropriate action. Your e-mail address is not collected for commercial purposes and the DOS is not authorized to sell or otherwise disclose your e-mail address for commercial purposes.

The DOS does not knowingly collect personal information from children or create profiles of children through this website. Users are cautioned, however, that the collection of personal information submitted in an e-mail will be treated as though it was submitted by an adult, and may, unless exempted from access by federal or State law, be subject to public access. The DOS strongly encourages parents and teachers to be involved in children’s Internet activities and to provide guidance whenever children are asked to provide personal information online.

During your visit to this website you may initiate a transaction such as a license renewaland/or other filing, survey, registration, or order form. The information, including personal information, volunteered by you in initiating the transaction is used by the DOS to operate DOS programs, which include the provision of goods, services, and information. The information collected by the DOS may be disclosed by the DOS for those purposes that may be reasonably ascertained from the nature and terms of the transaction in connection with which the information was submitted.

Information and Choice

As noted above, the DOS does not collect any personal information about you during your visit to this website unless you provide that information voluntarily by sending an e-mail or initiating an online transaction, including, but not limited to, licensing applications and renewals, the filing of Uniform Commercial Code documents or other survey, registration, or order form. You may choose not to send us an e-mail or submit data via an online transaction. While your choice not to contact us or submit documents to DOS may limit your ability to receive specific services through this website, it will not prevent you from requesting services from DOS by other means and will not normally have an impact on your ability to take advantage of other features of the website, including browsing or downloading publicly available information.

Disclosure of Information Collected Through This Website

The collection of information through this website and the disclosure of that information are subject to the provisions of the Internet Security and Privacy Act. The DOS will only collect personal information through this website or disclose personal information collected through this website if the user has consented to the collection or disclosure of such personal information. The voluntary disclosure of personal information to the DOS by the user, whether solicited or unsolicited, constitutes consent to the collection and disclosure of the information by the DOS for the purposes for which the user disclosed the information to the DOS, as was reasonably ascertainable from the nature and terms of the disclosure.

However, the DOS may collect or disclose personal information without user consent if the collection or disclosure is:

(1) necessary to perform the statutory duties of the DOS, or necessary for the DOS to operate a program authorized by law, or authorized by state or federal statute or regulation;

(2) made pursuant to a court order or by law;

(3) for the purpose of validating the identity of the user; or

(4) of information to be used solely for statistical purposes that is in a form that cannot be used to identify any particular person.

Further, the disclosure of information, including personal information, collected through this website is subject to the provisions of the Freedom of Information Law, Executive Law §94(17) and the Personal Privacy Protection Law. The DOS may disclose personal information to federal or state law enforcement authorities to enforce the DOS’s rights against unauthorized access or attempted unauthorized access to the DOS’s information technology assets.

Retention of Information Collected Through this Website

The information collected through this website is retained by the DOS in accordance with the records retention and disposition requirements of the New York State Arts & Cultural Affairs Law. Information on the requirements of the Arts & Cultural Affairs Law may be found at http://www.archives.nysed.gov/aindex.shtml. Information, including personal information, that you submit in an e-mail or when you initiate an online transaction such as a license renewal, uniform commercial code filing or other survey, registration form, or order form is retained in accordance with the records retention and disposition schedule established for the records of the program unit to which you submitted the information. Information concerning these records retention and disposition schedules may be obtained through the Internet privacy policy contact listed in this policy.

Access to and Correction of Personal Information Collected Through this Website

Any user may submit a request to the DOS privacy compliance officer to determine whether personal information pertaining to that user has been collected through this website. Any such request shall be made in writing to the address below and must be accompanied by reasonable proof of identity of the user. Reasonable proof of identity may include verification of a signature, inclusion of an identifier generally known only to the user, or similar appropriate identification. The address of the privacy compliance officer is: Records Access Officer, New York State Department of State, Executive Office, 99 Washington Avenue, Albany NY 12231

The privacy compliance officer shall, within five (5) business days of the date of the receipt of a proper request: (i) provide access to the personal information; (ii) deny access in writing, explaining the reasons therefore; or (iii) acknowledge the receipt of the request in writing, stating the approximate date when the request will be granted or denied, which date shall not be more than thirty (30) days from the date of the acknowledgment.

In the event that the DOS has collected personal information pertaining to a user through the state agency website and that information is to be provided to the user pursuant to the user’s request, the privacy compliance officer shall inform the user of his or her right to request that the personal information be amended or corrected under the procedures set forth in section 95 of the Public Officers Law.

Confidentiality and Integrity of Personal Information Collected Through this Website

The DOS is strongly committed to protecting personal information collected through this website against unauthorized access, use, or disclosure. Consequently, the DOS limits employee access to personal information collected through this website to only those employees who need access to the information in the performance of their official duties. Employees who have access to this information are required to follow appropriate procedures in connection with any disclosures of personal information.

In addition, the DOS has implemented procedures to safeguard the integrity of its information technology assets, including, but not limited to, authentication, monitoring, auditing, and encryption. These security procedures have been integrated into the design, implementation, and day-to-day operations of this website as part of our continuing commitment to the security of electronic content as well as the electronic transmission of information.

For website security purposes and to maintain the availability of the website for all users, the DOS employs software to monitor traffic to identify unauthorized attempts to upload or change information or otherwise damage this website.

General Information about Children's Online Privacy

It is important to DOS that parents and guardians have control over what information is collected from their children online and how such information is or may be used. The Children's Online Privacy Protection Act of 1998 ("COPPA"), imposes restrictions on commercial websites, not on government agency websites. Although COPPA does not apply to the DOS website, it is DOS policy to be compliant with the requirements of COPPA and not to solicit or collect information about or from children age 13 and under.

In the event that the DOS does receive an online communication clearly indicating that it has been submitted by a child age 13 or younger, under no circumstances will any personal information be published on the DOS website, be used for a purpose not intended by its sender or shared with third parties before obtaining parental consent. At any time, a parent may ask to review their child's information, delete it or ask that it not be used in the future by sending an e-mail.

Disclaimer

The information provided in this privacy policy should not be construed as giving business, legal, or other advice, or warranting as fail proof, the security of information provided through this website. Information provided on this Web site is intended to allow the public immediate access to public information. While all attempts are made to provide accurate, current, and reliable information, the New York State Department of State recognizes the possibility of human and/or mechanical error. Therefore, the New York State Department of State makes no representations as to the accuracy, completeness, currency or suitability of the information provided by this web site, and denies any expressed and implied warranty as to the same.

Links to Other Sites

This website contains links to other sites. DOS is not responsible for the privacy practices of such websites. A link does not constitute an endorsement of the content, viewpoint or accuracy of such websites.